A parent may either have full or specific parental responsibilities and rights in respect of a child. The responsibilities and rights include the responsibility and right to care for the child, maintain contact with the child, act as guardian and contribute towards...
Five qualities to look for In a Mediator When dealing with a dispute, whether it be between spouses, partners or businesses, it is vital that both parties do the necessary research to feel comfortable with the mediator chosen. Should either party feel uncomfortable...
The South African Court system is often overwhelmed, with many cases coming through the doors, and not enough people and resources to keep up with the demand. With this in mind, there is a new proposal from the Rules Board for Courts of Law that will require South...
Subject to the defence that failure to make a payment in terms of a maintenance order is due to lack of means, a person who fails to make payment in accordance with a maintenance order is guilty of contempt of a Court Order and may suffer one or more of the following...
Mediation is a very important tool during divorce proceedings. Not only can mediation result in less trauma, but children can also benefit greatly from it. Many legal practitioners encourage their clients to attend mediation before resorting to litigation, however...
“I pay maintenance for my child religiously every month because I know the separation is not their fault. They deserve to be taken care of and their needs are my responsibility. What I cannot handle though is my ex preventing me from seeing my child despite me paying...
Section 18 of the Children’s Act, 38 of 2005 places the responsibility on the parents of a child to contribute to the maintenance of the child. This article endeavours in setting out the process of claiming the maintenance your child is entitled to at Maintenance...
A “Family Advocate” is often something parents come across when facing separation, married or unmarried, when they have a dispute over who the care, contact and access of the child or children, will belong to. However, very few parents understand the role, function...
Forfeiture of patrimonial benefits is legislated by Section 9(1) of the Divorce Act 70 of 1979 (herein after “the Act”). Section 9(1) of the Act states: “(1) When a decree of divorce is granted on the ground of the irretrievable break-down of marriage the court may...
